The family of slain bouncer Keith Bender filed a wrongful death lawsuit against Detroit rapper, Proof’s estate.

Bender was allegedly shot by Proof last month in an altercation at the CCC Nightclub on 8 Mile Road in Detroit – an incident which led to the death of the 35 year – old Army veteran.

According to the lawsuit, filed by Bender’s wife Jacqueline and mother Leona, Proof “violently assaulted and battered (Bender), culminating with the infection of a gunshot injury that caused the death of Mr. Bender.”

Proof, whose real name is Deshaun Holton, died as a result of the altercation as well.

According to police, Bender’s cousin, Mario Etheridge, shot the famous rapper and has been charged with carrying a concealed weapon and discharging firearm in a building in connection with the incident.

“It’s shameful that Mr. Holton is being lauded as a hero and martyr, when in fact, it was his own criminalistic conduct that not only led to his death, but took the life of an honorable, innocent man,” Michael Cafferty, a lawyer representing the Bender family told the Associated Press.